Section 67 Arbitration and Mediation Act
Section 67 Arbitration and Mediation Act 2023 is about Scope of application of this Part. It is under Part II (Mediation) of the Act.
(1) This Part applies to –
(a) international commercial mediation;
(b) domestic commercial mediation;
(c) domestic civil mediation;
(d) domestic and international settlement agreements resulting from mediation, and concluded in writing by parties to resolve a commercial dispute; and
(e) where the parties agree in writing that this Part should apply to the dispute.
(2) This Part shall not apply to –
(a) disputes emerging from rights and obligations settlement, which would be void under Nigerian law;
(b) cases where a judge or an arbitrator, in the course of judicial or arbitral proceedings, attempts to facilitate a settlement, unless the parties agree otherwise;
(c) cases that have been recorded and are enforceable as an arbitral award, unless the parties agree otherwise;
( d) cases that have been approved by a court or concluded in the course of proceedings before a court, unless the parties agree otherwise; or
(e) cases that are enforceable as a judgment of a court in this Country, unless the parties agree otherwise.
(3) This Part applies irrespective of the basis upon which the mediation is carried out, including agreement between the parties whether reached before or after a dispute has arisen, an obligation established by law, or a direction or suggestion of a court, arbitral tribunal or competent governmental entity.
